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Reason
Reason
Politics
Eugene Volokh

HISTORICAL FACTS: Using precedents in briefs - The Untold Story

[1.] When possible, quote instead of paraphrasing. Say, for instance, that you want to argue that the obscenity exception doesn't cover ordinary vulgarities (even ones that are sometimes labeled "obscenities" in ordinary language). Cohen v. California (the "Fuck the Draft" case) has some great language:

This is not, for example, an obscenity case. Whatever else may be necessary to give rise to the States' broader power to prohibit obscene expression, such expression must be, in some significant way, erotic. It cannot plausibly be maintained that this vulgar allusion to the Selective Service System would conjure up such psychic stimulation in anyone likely to be confronted with Cohen's crudely defaced jacket.

So quote it directly, e.g.,

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